Santlal MahtoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12462 of 2026
                        Arising Out of PS. Case No.-968 Year-2025 Thana- SONEPUR District- Saran
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           1.     Santlal Mahto, aged about 73 years, Male, S/o Punit Mahto
           2.    Munna Mahto @ Munna Kumar Mahto, aged about 30 years, Male, S/o
                 Santlal Mahto
                 Both are resident of Village- Sikarpur, P.S.- Sonepur, District- Saran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s      :       Mr.Niraj Kumar, Advocate
                                                   Mr. Prashant Kumar, Advocate
                 For the Opposite Party/s :        Mr.Nawal Kishore Prasad, APP
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                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   28-04-2026                          Heard Mr. Niraj Kumar along with Mr. Prashant

                   Kumar, learned counsels appearing on behalf of the petitioners

                   and Mr. Nawal Kishore Prasad, learned APP for the State.

                                  2. The petitioners seek pre-arrest bail in connection

                   with Sonepur P.S. Case No. 968/25 registered for the offence(s)

                   punishable under Sections 126(3),115(2),109,352,351(2) and

                   3(5) of the BNS.

                                  3. As per the allegation made in the FIR, the accused

                   persons named therein including the petitioners assaulted the

                   informant and his family members, with an intention to kill,

                   causing injuries.

                                  4. Learned counsel appearing on behalf of the
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          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case. There is case and

          counter case between the parties arising out of same incidence

          and due to a petty dispute, an altercation took place and both the

          sides entered into fierce fight in which both the sides sustained

          injuries. The injuries sustained by the informant’s side are

          simple in nature. Petitioners have clean antecedents. On these

          grounds, the petitioners seek to be released on pre-arrest bail.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that there is case and counter case

          between the parties arising out of same incidence and due to a

          petty dispute, an altercation took place and both the sides

          entered into fierce fight in which both the sides sustained

          injuries and the injuries sustained by the informant’s side are

          simple in nature, I am of the opinion that petitioners, who are

          having clean antecedents, have, prima facie, made out a case to

          be released on pre-arrest bail.

                       7. The petitioners, above named, are directed to be

          released on pre-arrest bail, in the event of their arrest or
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                     surrender before the learned District Court within a period of

                     four weeks from today, on furnishing bail bond of Rs. 10,000/-

                     (Rupees Ten         Thousand) each with two sureties of the like

                     amount each to the satisfaction of learned C.J.M., Saran at

                     Chapra / Concerned Court in connection with Sonepur P.S. Case

                     No. 968/25, subject to the conditions as laid down under Section

                     482(2) of the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioners and if it is found that the

                     petitioners are involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.


                                               (Purnendu Singh, J)

Sanjay/-

U      T